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could be charged at his hospital bed side on sunday. dzhokhar tsarnaev is still in serious condition. he is sedated with a tube down his throat and unable to speak. although massachusetts does not have the death penalty, prosecutors could seek capital punishment at the federal level. >> given the facts that i've seen, it would be appropriate to use the death penalty in this case. i hope they would apply it in federal court. >> reporter: more questions are being raised about the suspect and if the fbi did enough before the bombings. in 2011, it interviewed the older brother, tamerlan tsarnaev, after russian authorities alerted the u.s. government. he made a trip to russian in 2012. >> the ball was dropped in two ways. the fbi missed things or our laws do not allow the fbi to follow up in a sound solid way. >> reporter: while officials cyst through the details worshipers sought answers in their own way gathering at the holy cross on sunday to reflect on the terror that the city faced in the last week. the governor says there can be vigilance without fear. >> there are lessons that we will
virning suspect will be answering questions. zoz has a neck wound -- dzhokhar tsarnaev has a neck round that's keying him from speaking. we're hearing he's answering questions while writing, still under heavy guard at the hospital. no official charges have been filed yet but that will change today or the coming days. boston police believe both brothers had plans to kill others. >> both suspects were armed with guns at the scene of the shooting. >> there's also a question this morning on how the suspect should be questioned in the first place. some lawmakers say he should be contracted an em -- considered enemy combatant. >> the decision not to read miranda rights was made by the federal officials. this is a unique clause at the federal level that we've not experienced here. >> the mother of both suspects tells the "associated press" that the fbi spoke to her sons after the bomb exploded an continues to claim that the fbi monitored him back in 2011 during an interview. a moment of silence begins at 11:50 hour time. back to you. >> thank you. >>> students at the university of massachusett
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